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Singletonbrooks

Singletonbrooks V's HFC Bank & T-MObile requesting removal of Default notices

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I have been unlucky, firstly, I foolishly got a mobile phone contract and a laptop on credit for a mate, unfortunately, he defaulted on both and therefore landed me with two defaults over 3 years ago.

 

Ever since then, my credit rating is shocking, I am seeking to obtain a prime rate mortgage but my credit score is having an impact of the mortgage that I want.

 

The defaults are satisfied, and I have issued the following via email to HFC & T-Mobile.

 

Dear Nicola,

 

I been unsuccessful in finding your data controller after speaking with two different member of your Customer Care Team, therefore please could I ask you send this to your Data Controller.

 

*******************************

 

Account number - XXXXXX

 

 

After reviewing my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name.

 

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. Therefore I request:

 

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. If you wish for a £1 postal order or cheque to be sent in payment of the statutory fee, please confirm by return.

 

 

2. You must supply me with a signed true and certified copy of the original default notice

 

 

3. Any deed of assignment if the debt was sold on

 

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

 

 

Please can anyone help me throught this difficult process.


T-Mobile - Default request removal - 31/12/06 - via email

 

HFC Bank - Default request removal - 31/12/06 - Via email

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Hi Sigleton

Happy New Year.

Your on the right track in tring to get the agreements but there are laid down timescales attached to the Consumer Credit Act they must furnish you an executed copy of the original within 12 WORKING DAYS (mon-fri) if they fail to supply the agreement within this timeframe they go into default and cannot enforce the agreement, after a further 30/31 days they commit a criminal offence and onlt a court can then reinstate the terms of the Agreement.

You should also send them a Data Protection Act Subject Access Request for any data they hold on you with particular reference to defaults they have 40 days to comply to this request.

Also have a good read through this forum and if you use the search feature on the toolbar and type in 'default' or 'CCA' 'HFC' ect this will furnish you enough reading to keep you amused for weeks:eek:

heres one or two to get you started.

http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his.html

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

 

AL:)


-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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I got this through the post from T-Mobile

 

Thank you for your letter regarding the account history T-mobile issued on your Equifax, Callcredit and Experian Files.

 

I refer to the information requested within your letter and confirm that the Service Agreement you have entered into with T-Mobile is regarded as "exempt" under provisions of the Consumer Credit Act 1974 and as such we are not required to file notice of default prior to the termination of the Service Agreement.

 

Please find enclosed a copy of the current terms and conditions applicable to your Service Agreement with T-Mobile. Clause 4©(i) and (ii) of your Agreement set out within the bill and that failure to make the payment of the bill by the due date can result in T-Mobile terminating the Agreement with immediate effect.

 

Thank you again for taking the time to write to us.

 

Can anyone help on how I proceed?


T-Mobile - Default request removal - 31/12/06 - via email

 

HFC Bank - Default request removal - 31/12/06 - Via email

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Hi Brookes

Thats a cop out and i believe they cannot reply to you like that. I also believe that Mobile phone contracts are regulated under the CCA 1974 (you can check this by reading there T&C's Write back to T-mobile and ask them what exempts them from that part of the CCA 1974 (nothing) the whole reason of the contract (UNDER THE ACT)is that it is fair to both parties.

 

Did you send a Data Protection Act S.A.R - (Subject Access Request) requesting all data held on you as i advised you in the last post.This will get you data such as ie. dates of defaults, payments/missed payments, you must make a specific request in your S.A.R - (Subject Access Request) for things like defaults. Adjust this Data Protection Act SAR template to your own needs, dont forget to ask them about there exemption.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

AL:)


-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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